ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014279
| Complainant | Respondent |
Anonymised Parties | Metal Fabricator | Shutters & Doors Provider |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018643-001 | 22/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018643-002 | 22/04/2018 |
Date of Adjudication Hearing: 31/07/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed as a Metal Fabricator from 27th August 2012 to 13th April 2018. He was paid €585.00 per week. He has claimed for his statutory redundancy entitlement and minimum notice. |
1)Redundancy Payments Act CA 18643 – 001
Summary of Complainant’s Case:
The Complainant stated that he was told on Friday 13th April 2018 that the business was closing that day. This was later confirmed in writing. No redundancy payments were made. He asked the Respondent to sign the necessary forms RP77 and RP50 but the Respondent refused. They tore them up and binned them. He is seeking his statutory redundancy entitlements. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
I note the uncontested evidence of the Complainant. I find that the business closed and the Complainant was advised on the same day 13th April 2018. I accept his evidence that no statutory redundancy was paid. I find that this was a genuine redundancy. I find that the Complainant is entitled to his statutory redundancy entitlements. |
I find that his start date was 27th August 2012.
His date of termination was 13th April 2018.
His weekly gross pay was €585.00.
Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts.
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I have decided that a genuine redundancy exists.
I have decided that the Respondent should pay the Complainant his statutory redundancy entitlements according to the provisions of the Redundancy Payments Act, 1967.
This is to be done within six weeks of the date below.
2) Minimum Notice & Terms of Employment Act 1973 CA 18643 - 002
Summary of Complainant’s Case:3th April 2018.
The Complainant stated that his employment ended abruptly on 13th April 2018.
The Respondent told him that day and confirmed it in writing that the business was closing that day.
No minimum notice was paid. He is seeking his notice according to the Act.
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
Based on the uncontested evidence before this hearing I find that the Complaints employment ended abruptly on 13th April 2018. I find that no minimum notice was paid. I find that the Complainant is entitled to 4 weeks’ pay amounting to €2,340. |
Decision:Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act |
I have decided that the Respondent should pay the Complainant his statutory minimum notice amounting to 4 weeks’ pay of €2,340.
This is to be paid within six weeks of the date below.
Dated: 07/09/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Statutory Redundancy & Minimum Notice |